Advocate Heena Merchant

Questions Answered by Advocate Heena Merchant

Q: Need guidance regarding POA

Dear sir/madam If my friend owns the land And I want to sell out the land with his permission, so what is the procedure Who have to get the bond paper me or by him( whos name should be there mine or him) Need assistance Thank you Vijayendra

Advocate Heena Merchant answered
The stamp paper has to be in the name of the owner, the one who gives the authority to another to sell the property, oe deal in aby manner with the property. Should signed By him with two witnesses if possible.

Q: How to handle IP violations against amazon sellers

I need a lawyer with expertise in representing amazon sellers before amazon as well as IP rights owners on Intellectual property violation warning emails from amazon.in

Advocate Heena Merchant answered
A civil suit for infringement and passing off is required to be filed if the infringers are selling your goods on amazon. You can send a legal notice to amazon for discontinuing to display your goods bearing your trademark and later file a suit in high court if its in Mumbai jurisdiction.

Q: Business with unregistered Trademark

Would like to open a franchisee with a brand that has filed to get their Trademark registered. Recently found out that their Trademark application is still in "Objected" status and although they have filed the response to the Examination Report it's been 10+ months, the status is the same. Trademark Application Date: 29th Oct 2015 Examination Report Date: 27th Jun 2016 Reply to Examination Report: 01st Jul 2016 Now the things we would want to know is 1. Does it take this much time to get response to examination report reply? If not, then should we probe them to get answers from their solicitors ? 2. Also, lets say we open the franchise in the hope that the Trademark will get registered this time and started operations, but worst case scenario, the Trademark application is "Rejected" then what happens to their business and people doing business with them ? Can we still continue but just not have protection rights OR cannot continue at all and need to shut? Any other advice?

Advocate Heena Merchant answered
Hello, Yes usually the trademark office delays in prosecuting cases. Recently the trademark rules have been amended and for faster processing the official fee is 20,000 for individuals. Start ups and small enterprise. Otherwise 40,000. Unless I see the objection I cannot say if ur mark will be rejected. Further prior user is most imp. If u continue to use which prior to the conflicting marks then there is no issue. You can contact me for further assistance.